Klingenstein

This is an appeal from a judgment in plaintiff’s favor and against the" defendant Miehle Printing Press and Manufacturing Company for the sum of fifteen thousand dollars for damages arising out of the death of one Frederick Klingenstein, the husband of plaintiff, through the alleged negligence of said defendant. As to the codefendant McGaraghan the verdict and judgment exonerated him from liability.

There is no substantial dispute as to the facts of the case. On and prior to the seventh day of August, 1913, the defendant Miehle Printing Press and Manufacturing Company was the owner of a printing-press described as a No. 1 Pony Miehle Printing-press, which it on said day contracted to sell and deliver to the firm of Lambert & McKeehan, printers, at Eureka, the purchase price to be paid in installments during a period of two years thereafter, title to remain in the seller until the installments were fully paid. On August 27, 1913, the said defendant Miehle Printing Press and Manufacturing Company, in contemplation of the delivery of said press to the purchaser, entered into a written contract with its codefendant McGaraghan, a dray- man of Eureka, wherein the latter offered to…